[Ord. No. 7165 §1, 6-13-2005]
The purpose of this policy is to establish procedures to comply
with the Federal Highway Administration's Controlled Substances and
Alcohol Use and Testing Rule, Code of Federal Regulations, Title 49
(49 CFR), Part 382.
[Ord. No. 7165 §1, 6-13-2005]
This policy and the regulations that require it apply to all
applicants and employees whose job classification requires them to
hold a commercial driver's license (CDL).
[Ord. No. 7165 §1, 6-13-2005]
For the purposes of this Division, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
ALCOHOL
Refers to the intoxicating agent in beverage alcohol, ethyl
alcohol or other alcohol including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION
The alcohol in a volume of breath as indicated by an evidential
breath test as described in this policy.
ALCOHOL USE
Refers to the consumption of any beverage, mixture or preparation,
including medication that contains alcohol.
BREATH ALCOHOL TECHNICIAN OR BAT
An individual who instructs and assists persons in the alcohol
testing process and operates an EBT (evidential breath testing device.)
COLLECTION SITE PERSON
A person who instructs and assists individuals at a collection
site and who receives and renders an initial examination of urine
specimens.
CONFIRMATION TEST
1.
For alcohol—a second (2nd) test, following a screening
test with a result of two-hundredths (0.02) or greater that provides
quantitative results of alcohol concentration.
2.
For controlled substances—a second (2nd) analytical procedure
to verify the presence of a specific drug. NOTE: The GC/MS (gas chromatography/mass
spectrometry) is the only authorized method for the drugs covered
in this policy and defined under the heading "controlled substances"
below.
DRIVER
Any employee who operates a commercial motor vehicle.
DRUG
Includes controlled substances as defined above.
EMPLOYER
Refers to any person (including the United States, a State,
the District of Columbia, or a political subdivision of a State) who
owns or leases a commercial motor vehicle or assigns persons to operate
such a vehicle.
MEDICAL REVIEW OFFICER (MRO)
A licensed doctor of medicine or osteopathy with knowledge
of drug abuse disorders who is employed or used by the City of Webb
City to conduct drug testing in accordance with Federal law, responsible
for receiving laboratory results generated by the City of Webb City
drug testing program who has been medically trained to interpret and
evaluate any individual's positive test result, together with his/her
medical history and any other relevant biomedical information.
PERFORMING A SAFETY-SENSITIVE FUNCTION
A driver is considered to be performing a safety-sensitive
function during any period in which he/she is actually performing,
ready to perform or immediately available to perform any safety-sensitive
function as listed below in the definition "Safety Sensitive Function".
REASONABLE SUSPICION
The belief that the driver has violated the alcohol or controlled
substances prohibitions, based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech or body odors
of the driver.
REFUSAL TO SUBMIT (to an alcohol or controlled substance test)
A driver:
1.
Fails to provide adequate breath for testing without a valid
medical explanation after he/she has received notice of the requirement
for breath testing.
2.
Fails to provide adequate urine for controlled substances testing
without a valid medical explanation after he/she has received notice
of the requirement for urine testing.
3.
Engages in conduct that clearly obstructs the testing process.
SAFETY-SENSITIVE FUNCTION
Any of the "on-duty" functions described below:
1.
All time at any facility owned, or otherwise waiting to be dispatched,
unless the driver has been relieved from duty by the employer.
2.
All time inspecting equipment as required by the regulations,
or otherwise inspecting, servicing or conditioning any commercial
motor vehicle at any time.
3.
All time spent at the driving controls of a commercial motor
vehicle.
4.
All time, other than driving, spent on or in a commercial motor
vehicle except time spent resting in a sleeper berth.
5.
All time loading or unloading a commercial motor vehicle, supervising
or assisting in this process, attending a vehicle being loaded or
unloaded, remaining in readiness to operate the vehicle.
6.
All time repairing, obtaining assistance or remaining in attendance
of a disabled vehicle.
SUBSTANCE ABUSE PROFESSIONAL OR SAP
A licensed physician (medical doctor or doctor of osteopathy)
or a licensed or certified psychologist, social worker, employee assistance
professional or addiction counselor (certified by the National Association
of Alcoholism and Drug Abuse Counselors Certification Commission)
with knowledge of a clinical experience in the diagnosis and treatment
of alcohol- and controlled substances-related disorders.
[Ord. No. 7165 §1, 6-13-2005]
A. No employee
shall report for duty or remain on duty for the performance of safety-sensitive
functions while having an alcohol concentration of two-hundredths
(0.02) or greater.
B. No employee
shall possess any quantity of alcohol while on duty unless the alcohol
is manifested and transported as part of the freight. This includes
any medicines, both prescription and over-the-counter, food, or any
other alcohol-containing products.
C. No employee
shall use alcohol while on the job.
D. No employee
shall perform safety-sensitive functions within four (4) hours after
using alcohol.
E. When
involved in an accident that requires a post-accident alcohol test,
the employee shall not use alcohol within eight (8) hours of the accident
or prior to submitting for the post-accident test, whichever comes
first.
F. No employee
shall refuse to submit to a drug or alcohol test as required by this
policy. Any refusal will be treated in the same manner as a positive
test.
G. No employee
shall report for duty or remain on duty when the employee uses any
controlled substance, except when the use is pursuant to the instructions
of a physician who has advised the driver that the substance does
not adversely affect the employee's ability to safely operate a commercial
motor vehicle.
H. No employee
shall report for duty or remain on duty if the employee tests positive
for controlled substance.
[Ord. No. 7165 §1, 6-13-2005]
A. Employees
subject to this policy will be required to submit to controlled substance
testing under the following six (6) types of tests and alcohol testing
under all except pre-employment testing:
1. Pre-employment testing.
a. All
individuals the company intends to hire for a position covered by
this policy will be subject to a pre-employment drug test prior to
the first (1st) time the driver performs a safety-sensitive function.
b. The
covered applicant/employee will be notified that a urine sample will
be tested for the presence of controlled substance.
c. A
pre-employment drug test will be conducted when a current employee
transfers from a position not covered by this policy into a covered
position. An employee who previously is separated from a Part 283
alcohol and controlled substance testing program position will be
pre-employment tested for controlled substances prior to performing
a function covered by this policy.
d. Only
applicants who are offered a position covered by this policy will
be tested before being employed. Pre-employment job applicants who
test positive for drugs will not be hired and do have the right to
have their samples retested under the conditions set forth in Section
VII of this policy. Employees transferring into a position requiring
drug testing who test positive for drugs do have the right to have
their sample retested. Employees who fail a drug test will not be
hired for the position requiring testing.
e. An
employee who transfers from one position covered by this policy to
another covered by this policy does not require pre-employment testing.
Employees working in a position covered by this policy on the effective
date, and continuing to work in a covered position, do not require
a pre-employment test.
2. Random testing.
a. All
employees working in a position covered by this policy are subject
to unannounced testing based on random selection. This includes temporary
employees performing work in a covered position.
b. The
testing rate will be a fifty percent (50%) annualized rate for controlled
substances and ten percent (10%) annualized rate for alcohol (or the
current DOT level). These tests will be spread reasonably throughout
the year.
c. To
assure that the selection process is random, all employees covered
by this policy will be placed in a common pool. All full-time and
temporary employees will be in this pool.
d. The
random selection procedure will be a drawing which is executed for
as many times as it takes to select the number of employees that have
been requested.
e. An
employee will only be tested randomly for alcohol when the employee
is performing safety-sensitive functions, immediately prior to or
after performing a safety-sensitive function.
f. Once
an employee is notified of the requirement to take a random alcohol
and/or controlled substance test, the employee must proceed to the
test site immediately.
3. Reasonable cause testing.
a. Employees
will be tested when there is reasonable cause to believe that an employee
covered by this policy is using a controlled substance or alcohol
as prohibited by Subpart B of the regulation.
b. Conduct
by employees constituting reasonable suspicion must be based on the
specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech or body odors of the employee. For controlled
substances the observation may include the indications of the chronic
and withdrawal effects of controlled substances. This conduct must
be witnessed by, and the decision to administer a reasonable cause
test made by, a supervisor or company official who has had a minimum
of sixty (60) minutes of training on alcohol and sixty (60) minutes
of training on controlled substance use.
c. Reasonable
suspicion testing for alcohol is authorized only if the observation,
as described above, is made during, just before, or just after the
employee has been, will be, or was performing a safety-sensitive function.
d. A
reasonable suspicion test for alcohol must be conducted within two
(2) hours after the employee was notified. If the test is not conducted
within two (2) hours, a written record stating the reasons the alcohol
test was not promptly administered must be completed. If the test
is not administered within eight (8) hours following the notification,
attempts to administer an alcohol test will be ceased and reasons
documented for not administering the test.
e. A
written record shall be made of the observations leading to a controlled
substance or alcohol reasonable suspicion test, and signed by the
person who made the observation, within twenty-four (24) hours of
the observation.
4. Post-accident testing.
NOTE: Nothing in this policy shall be construed as to require
the delay of necessary medical attention for injured persons following
an accident or to prohibit an employee from obtaining necessary emergency
medical care.
a. As
soon as practicable following an accident involving a commercial motor
vehicle, tests for alcohol and controlled substances shall be administered
for each surviving driver who:
(1) Was performing safety-sensitive functions with respect to the vehicle,
if the accident involved the loss of human life; or
(2) Receives a citation under State or local law for a moving traffic
violation arising from the accident.
b. An
alcohol test must take place within two (2) hours following the accident.
If the test is not conducted within two (2) hours, a written record
stating the reasons the alcohol test was not promptly administered
must be completed. If the test is not administered within eight (8)
hours following the accident, attempts to administer an alcohol test
will be ceased and reasons documented for not administering the test.
c. An
employee subject to alcohol testing shall not use alcohol for eight
(8) hours following an accident, or until he/she undergoes a post-accident
alcohol test. The employee must remain readily available for testing
during the eight (8) hours following an accident, or he/she will be
considered as refusing to submit to testing.
d. If
a required controlled substance test is not administered within thirty-two
(32) hours after the accident, attempts to administer the test will
be ceased and reasons documented for not administering the test.
e. The
results of a breath or blood test for the use of alcohol, or a urine
test for the use of controlled substances, conducted by Federal, State
or local officials having independent authority for the test, will
be considered to meet the requirements of this Section.
5. Return-to-duty testing. Before an employee returns to duty
requiring the performance of a safety-sensitive function, after engaging
in prohibited conduct regarding alcohol misused and/or controlled
substance use, the employee will be tested for alcohol and/or controlled
substances. In order to return to duty, an employee must test negative
for controlled substances and have a breath alcohol concentration
of less than two-hundredths (0.02).
6. Follow-up testing. Any employee who has violated the alcohol
and/or controlled substance prohibitions in this policy shall be subject
to unannounced follow-up testing after returning to duty. The number
and frequency of the tests will be determined by the substance abuse
professional (SAP) and must consist of at least six (6) tests in the
first twelve (12) months following the employee's return to duty for
up to a period of sixty (60) months, dependent upon SAP's recommendation.
Continuation of employment remains at the discretion of the employer.
[Ord. No. 7165 §1, 6-13-2005]
A. Any employee
who has engaged in conduct prohibited by this policy shall not perform
or continue to perform a safety-sensitive function unless the employee
has:
1. Been
advised of the resources available for evaluating and treating alcohol
and controlled substance abuse;
2. Been
evaluated by a substance abuse professional to determine what assistance,
if any, is required by the employee;
3. Followed
any rehabilitation program prescribed; and
4. Been
subjected to return-to-duty and follow-up testing.
B. Any employee
who is found to have engaged in conduct prohibited by this policy
shall:
1. Be immediately
removed from duty;
2. Be evaluated
by a substance abuse professional (SAP) provided by the City to determine
what assistance, if any, the employee needs in resolving problems
of alcohol and/or drug misuse and complete any rehabilitation prescribed;
3. Be subject
to return-to-duty testing and follow-up testing in accordance with
Section 125.180(5) and (6) of this policy;
4. Be evaluated
by the SAP to determine that the employee has followed the rehabilitation
program; and
5. Be subject
to discipline.
C. Any employee
subjected to an alcohol test as required by this policy who is found
to have an alcohol concentration of two-hundredths (0.02) or greater,
but less than four-hundredths (0.04), shall not be allowed to perform
or continue to perform safety-sensitive functions until the start
of the employee's next regularly-scheduled duty period. In no case
would this be less than twenty-four (24) hours following the administration
of the test.
[Ord. No. 7165 §1, 6-13-2005]
A. The collection
agency and the testing laboratory shall adhere to all requirements
outlined in 49 CFR Part 40, Procedures for Transportation Workplace
Drug and Alcohol Testing Programs.
1. The
collection agent for this policy would be the City's current contracted
screening provider.
2. The
testing laboratory for this policy would be coordinated through the
screening provider currently being used by the City.
3. Controlled substances—sample collection and testing.
a. Drug
testing will be performed utilizing urine samples.
b. Tests
for marijuana, cocaine, opiates, amphetamines and phencyclidine will
be performed.
c. Upon
notification that a drug test is required, an employee will report
as soon as possible after notification to the drug collection site
and provide a specimen of his/her urine.
d. The
"split sample" procedures will be used as outlined in Part 40 of the
Department of Transportation (DOT) regulations. A driver whose urine
sample has tested positive for a controlled substance has the option
(within seventy-two (72) hours after being notified by the MRO) of
having the remaining portion of the split sample tested at another
laboratory. The company may require the employee to pay in advance
the cost of shipment (if any) and reanalysis of the sample, but the
employee must be reimbursed for such expense if the retest is negative.
4. Alcohol—sample collection and testing.
a. Alcohol
testing will be performed utilizing breath samples.
b. All
samples will be collected by a "breath alcohol technician (BAT)" who
has been trained in proficient operation of the evidential breath
testing device (EBT) and in the alcohol testing procedures contained
in 49 CFR Part 40.
c. Testing
will be conducted in a location that affords visual and aural privacy
to the individual being tested, sufficient to prevent unauthorized
persons from seeing or hearing test results.
[Ord. No. 7165 §1, 6-13-2005]
A. Controlled Substances.
1. The
Medical Review Officer (MRO) for this policy would be the screening
officer currently providing screening services for the City.
2. The
following is a listing of the MRO's specific responsibilities. For
additional details of responsibilities see the United States Department
of Health and Human Services (DHH) Medical Review Officer Manual.
a. Receive
all results from laboratory.
b. Request,
if needed, a quantitative description of test results.
c. Receive
a certified copy of the original chain of custody.
d. Review
and interpret positive test results.
e. Inform
the tested individual and provide test results for positive test.
f. Conduct
a medical interview with the tested employee when results are positive.
If, after making all reasonable efforts and documenting them, the
MRO is unable to reach the employee directly, the MRO shall contact
the designated management official who shall direct the employee to
contact the MRO as soon as possible. If it becomes necessary to reach
the employee through the designated management official, the designated
management official shall employ procedures that will ensure to the
maximum extent practical, that the requirement that the employee's
contact with the MRO is held in confidence. If the designated employee
representative has successfully made and documented a contact with
the employee and has instructed the employee to contact the MRO and
more than five (5) days have passed since the date the employee was
successfully contacted by the designated employee representative,
or, if after making all reasonable efforts, the designated management
official is unable to contact the employee, the employer may place
the employee on temporary medical unqualified status or medical leave
and the MRO may verify a test is positive without having communicated
directly with the employee about the test. If later the employee presents
to the MRO information documenting that serious illness, injury or
other circumstances unavoidably prevented the employee from timely
contacting the MRO, on the basis of such information, may reopen the
verification allowing the employee to present information concerning
a legitimate explanation for the confirmed positive test. If the MRO
concludes there is a legitimate explanation, the MRO declares the
test to be negative. The MRO may also verify a test is positive without
having communicated directly with the employee if the employee declines
the opportunity to discuss the test.
g. Reviews
the individual's medical history or any other relevant biomedical
factors to determine if a positive result is from legally prescribed
medicine.
h. Verify
that laboratory assessment is correct.
i. Give
the individual an opportunity to discuss test results.
j. Report
to operator that result is negative where a legitimate medical reason
is found for a confirmed positive test result.
k. Order
a reanalysis of the remaining portion of the sample from a second
(2nd) certified laboratory, if so requested by the tested employee,
within seventy-two (72) hours of the employee being notified of a
positive test.
l. Consult
with others if a question of accuracy arises.
m. Consult
with laboratory officials.
n. Not
receive urinalysis results that do not comply with the mandatory guidelines.
o. Not
declare positive an opiate-positive urine sample without "clinical
evidence".
p. Determine
whether a result is scientifically insufficient.
q. Determine
whether a result is consistent with legal drug use.
r. Forward
results of verified positive tests to Manager of Employee Relations.
s. Maintain
the required records to administer this program.
t. If
an employee who has tested positive completes rehabilitation, the
MRO can recommend return to work and the MRO will schedule return-to-duty
testing. Testing will be on an unannounced basis—daily, weekly,
monthly or longer—at the discretion of the MRO.
u. The
MRO shall not disclose to any third (3rd) party medical information
provided by the employee as part of the testing verification process
unless an applicable DOT regulation permits such disclosure; if, in
the MRO's reasonable medical judgment, the information could result
in the employee being determined to be medically unqualified under
an applicable DOT agency rule; or, in the MRO's reasonable medical
judgment, in a situation in which there is no DOT agency rule establishing
physical qualification standards applicable to the employee, the information
indicates that continued performance by the employee of his/her safety-sensitive
function could pose a significant risk. Before obtaining medical information
from the employee as part of this verification process, the MRO shall
inform the employee that the information may be disclosed under the
above-mentioned circumstances.
B. Alcohol.
1. The
City of Webb City will designate one (1) or more representatives for
the purpose of receiving and handling alcohol testing results in a
confidential manner. The breath alcohol technician (BAT) will transmit
all results only to the tested employee and the designated representative(s).
2. The
BAT will ensure immediate transmission to the City representative(s)
of results that require the employee be prevented from performing
a safety-sensitive function.
3. If the
initial transmission of results was not in writing, the BAT shall
provide a follow-up copy of the results in writing.
C. Any employee
who is subject to a drug and/or alcohol test will, upon written request,
have access to any records relating to his/her testing results.
[Ord. No. 7165 §1, 6-13-2005]
A. The City
of Webb City will notify a driver of the results of a pre-employment
controlled substance test, provided that the driver requests said
test results within sixty (60) days of being notified of the disposition
of the employment application.
B. The City
of Webb City will notify employees of the results of random, reasonable
suspicion, and post-accident alcohol and/or controlled substance tests,
provided that the results were positive, and will also advise the
driver of what controlled substance was detected or the alcohol level
that was discovered.
C. All records
relating to the administration and results of the alcohol and drug
testing program will be maintained for a minimum period of five (5)
years, except that individual negative, cancelled or alcohol tests
of less than two-hundredths (0.02) results need only be maintained
for a minimum of twelve (12) months.
D. All records
related to the collection process and required training shall be retained
for a minimum period of two (2) years.
E. A Medical
Review Officer will serve as the sole custodian of individual test
results and will retain the reports of individual test results for
a minimum of five (5) years.
[Ord. No. 7165 §1, 6-13-2005]
A. The City
of Webb City may obtain from any previous employer of the driver information
related to the driver's participation in an alcohol and drug testing
program. The City will obtain written permission from the driver to
acquire this information.
B. The City
of Webb City will obtain and review the information listed below from
any previous employer that the driver performed safety-sensitive functions
in the previous two (2) years. The City must request and review this
information within fourteen (14) days after the driver first performs
a safety-sensitive function. The information will include:
1. Driver's
breath alcohol test that indicated concentrations of four-hundredths
(0.04) or greater.
2. Positive
controlled substance tests.
3. Any
refusals to submit to a required alcohol or controlled substance test.
C. The City
of Webb City will provide the previous employers of the past two (2)
years with the driver's written consent to release the information.
The City may obtain the information via personal interview, telephone
interview, letter or other method as long as measures are taken to
ensure confidentiality. City will maintain a written, confidential
record with respect to each of the past employers contacted.
D. The City
of Webb City will not use a driver to perform safety-sensitive functions
if the City obtains information indicating the driver tested positive
for controlled substances, tested at or above four-hundredths (0.04)
breath alcohol concentration, or refused to test unless the employer
has evidence the driver has been evaluated by a SAP, completed any
required counseling, passed a return-to-duty test and been subject
to follow-up testing.
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I, ___________________________________ have received and reviewed
a copy of the City of Webb City's Controlled Substances and Alcohol
Use and Testing policy for CDL operator's dated May, 2005, and understand
the contents of the policy.
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Signature
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Date
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