[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.
COMPANY
See "Employer".
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.
CONTROLLED SUBSTANCES
Marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP).
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.
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.
  Signature
  Date