[Ord. No. 96-11 §116.010, 2-21-1996]
A.
It is
the policy of the City of Bridgeton, Missouri, to provide safe, dependable
and economical services to its citizens and to provide safe, healthy,
satisfying working conditions for its employees and to comply with
the requirements of Federal law and regulations related to the Omnibus
Transportation Employee Testing Act of 1991.
B.
To meet
these goals, it is the policy of the City to ensure that its employees
are not impaired in their ability to perform assigned duties in a
safe, productive and healthy manner; to create a work environment
free from the adverse effects of alcohol and controlled substances
abuse or misuse; to prohibit the unlawful manufacture, distribution,
dispensing, possession or use of alcohol and controlled substances;
and to encourage employees to seek professional assistance when personal
problems, including alcohol and controlled substance dependency, adversely
affect their ability to perform assigned duties.
[Ord. No. 96-11 §116.020, 2-21-1996]
The purpose of the Act and this policy is to establish a program
designed to help prevent accidents and injuries resulting from the
misuse of alcohol or use of controlled substances by drivers of commercial
motor vehicles; to assure covered employee fitness for duty; and,
to protect City employees and the public from the risks posed by the
use of alcohol and controlled substances. It is also the purpose of
this policy to comply with all applicable Federal regulations governing
work place alcohol and controlled substance abuse programs which are
mandated under the above noted Act. This Act mandates urine drug testing
and breathalyzer alcohol tests for safety sensitive positions and
prevents performance of safety sensitive functions when there is a
positive test result. Federal law has also established standards for
collection and testing of urine and breath specimens, the reporting
of certain drug related offenses, protective measures; the preservation
of confidentiality and for certain reporting requirements.
[Ord. No. 96-11 §116.030, 2-21-1996]
This policy applies to all employees who perform safety sensitive
functions defined in the Omnibus Transportation Employee Testing Act,
its implementing regulations, including persons who are required to
possess a commercial drivers license (CDL) for the operation of a
commercial vehicle as defined and regulated under State law.
[Ord. No. 96-11 §116.040, 2-21-1996]
For the purposes of this Chapter the following terms shall be
deemed to have the meaning indicated below:
The intoxicating agent in beverage alcohol, ethyl alcohol,
or other low molecular weight alcohols including methyl or isopropyl
alcohol.
The concentration of alcohol in a person's breath expressed
as in terms of grams of alcohol per two hundred ten (210) liters of
breath as indicated by an evidential breath test.
The consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
A license issued pursuant to State law which authorizes an
individual to operate a commercial motor vehicle.
A motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property and defined as a commercial
motor vehicle by State law (302.700 RSMo.) and the Act:
Has a gross combination weight rating of twenty six thousand
and one (26,001) or more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than ten thousand (10,000) pounds; or
Has a gross vehicle weight rating of twenty six thousand one
(26,001) or more pounds; or
Is designed to transport sixteen (16) or more passengers, including
the driver; or
Is of any size and is used in the transportation of materials
found to be hazardous for the purposes of the Hazardous Materials
Transportation Act and which require the motor vehicle to be placarded
under the Hazardous Materials Regulations.
A second (2nd) test conducted after an initial alcohol or
drug test to confirm the presence of alcohol or drug metabolites in
an employee's system. Confirmation tests for alcohol will be conducted
using an approved evidential breath testing device and for drugs by
testing urine by means of gas chromatography and mass spectrometry
(GC/MS).
The drugs and other substances, by whatever official name,
common or usual name, chemical name or brand name designated for testing
in 49 CFR 40 including: opiates (heroin), amphetamines, cocaine, marijuana
(THC Metabolite) and phencyclidine (PCP).
A licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by an employer's
drug testing program who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an
individual's confirmed positive test result together with his or her
medical history and any other relevant biomedical information.
All time that a commercial motor vehicle driver is performing,
ready to perform, or immediately available to perform the following
tasks:
Waiting to be dispatched, unless the driver has been relieved
from duty;
Inspecting, servicing, or conditioning any commercial motor
vehicle at any time;
Driving time;
Remaining in or upon any commercial motor vehicle, while not
driving, except time spent resting in a sleeper berth;
Loading or unloading a vehicle, supervising, or assisting in
the loading or unloading, attending a vehicle being loaded or unloaded,
remaining in readiness to operate the vehicle or in giving or receiving
receipts for shipments loaded or unloaded;
Performing the driver requirements relating to accidents;
Repairing, obtaining assistance, or remaining in attendance
upon a disabled vehicle.
The initial drug or alcohol test to determine whether an
employee has controlled substances or prohibited concentration of
alcohol in their system. Screening test for alcohol are by breath
test, and, for controlled substances, a urine test by immunoassay,
enzyme process or other method approved by 49 CFR 40.
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 and clinical experience in the diagnosis and treatment
of alcohol and controlled substances-related disorders.
[Ord. No. 96-11 §116.050, 2-21-1996]
A.
The Administrative
Assistant, or his designee, shall be the controlled substance and
alcohol policy administrator for the City. Any inquiries concerning
this policy, its application, administration or its interpretation
shall be made to the Policy Administrator.
B.
The Policy
Administrator shall maintain a current list of the City positions
that are governed by this policy. This list shall be available for
inspection by any individual who is applying for a position with the
City, any current City employee, or the public. Current City employees
shall be notified if they are subject to this policy.
C.
The Policy
Administrator shall develop all forms necessary to carry out the provisions
of this policy, unless the forms are provided under the Federal regulations.
(Part 40 CFR) The forms shall be provided to appropriate persons who
are responsible for the implementation and management of this policy.
[Ord. No. 96-11 §116.060, 2-21-1996]
A.
An employee
is prohibited from performing any safety sensitive functions and from
engaging in any work related functions:
1.
While
consuming alcohol;
2.
While
having an alcohol concentration of 0.02 or greater;
3.
Within
four (4) hours after consuming alcohol; and/or
4.
After
refusing to submit to an alcohol test.
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An employee is prohibited from consuming alcohol within eight
(8) hours after an accident for which the employee is subject to post
accident testing as specified in this policy.
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B.
An employee
is prohibited from the unauthorized use and/or possession of a controlled
substance at any time, whether on or off duty. In the event an employee
is authorized to use a controlled substance by medical prescription,
it is the employee's duty to inform the prescribing doctor that they
perform safety sensitive functions while at work and to obtain from
that doctor a release to perform such work while taking or using the
prescribed substance. The employee is prohibited from using the prescribed
substances other than in the amount and manner prescribed. Violation
of these requirements may be cause for disciplinary action up to and
including termination.
C.
An employee
is prohibited from the unauthorized possession of alcohol while on
duty.
D.
An employee
who violated any of these provisions or tests positive for drugs or
alcohol will be subject to disciplinary action up to and including
termination of employment.
E.
Notification Of Employer By Employee Of Violation/Conviction. Any employee whose job performance requires the possession of a
valid CDL must notify the Policy Administrator of any conviction for
a violation of any State or local law relating to motor vehicle traffic
control (other than parking violations) within thirty (30) days of
the conviction. In addition, such an employee who loses the CDL for
a violation of or as a consequence of the law or any administrative
action shall notify the policy administrator immediately of the loss
of the CDL and shall be subject to disciplinary action up to and including
termination.
F.
Any employee
convicted of illegal conduct related to controlled substances or alcohol
shall report such a conviction to the policy administrator. Conviction
resulting from such illegal conduct may result in disciplinary action,
and failure to report such conviction shall result in disciplinary
action up to and including termination.
[Ord. No. 96-11 §116.070, 2-21-1996]
A.
Employees
subject to this policy shall be subject to controlled substances and
alcohol testing including the following types of tests: pre-employment
testing, random testing, reasonable suspicion testing, post-accident
testing, return to work testing, and follow-up testing.
B.
Pre-Employment Testing. Pre-employment urine drug testing
and alcohol testing if mandated by Federal regulations shall be required
of all applicants for positions covered by this policy as a condition
of the application procedure. Receipt of satisfactory test results
is required prior to commencement of employment and/or engaging in
safety sensitive functions for the first time. The failure of a controlled
substance or alcohol test disqualifies an applicant from appointment
to City employment.
C.
Reasonable Suspicion Testing.
1.
Reasonable
suspicion urine and/or breath alcohol testing, shall be made on the
basis of documented objective facts and circumstances which are consistent
with the effects of substance use. The determination that reasonable
suspicion exists must be based on specific contemporaneous, articulable
observations concerning the appearance, behavior, speech and body
odors of the employee. The observations for controlled substances
may include indications of the chronic and withdrawal effects of controlled
substances. Reasonable suspicion observations and reports can only
be made by supervisory or management personnel who are trained to
detect the signs and symptoms of controlled substance and alcohol
use and who may reasonably conclude that an employee may be adversely
affected or impaired in the employee's work performance due to the
use of the controlled substance or alcohol. The observing supervisor
or manager is required to complete the appropriate required documentation
within twenty-four (24) hours of the observed behavior or before the
results of a controlled substance test are released, whichever is
sooner.
2.
Reasonable
suspicion testing shall be required and completed whenever possible
within two (2) hours of the observation, but in any case no later
than before eight (8) hours after the observation for breath alcohol
testing and thirty-two (32) hours for controlled substance testing.
The City will document the reason for not promptly conducting the
required tests.
D.
Post Accident Testing.
1.
Federal
Highway Administration regulations require alcohol and controlled
substance testing following an accident for any employee who was performing
safety sensitive functions if the accident involved a fatality or
for any employee who receives a citation for a moving traffic violation.
The City also may require testing for all employees whose performance
may have contributed to the accident, as well as the employee(s) who
was (were) involved in the accident when injury to a person requires
transport to a medical treatment facility, or disabling damage to
one (1) or more vehicles requires towing from the accident site to
occur.
2.
Post
accident testing shall be required and completed whenever possible
within two (2) hours of the accident occurrence, but in any case,
no later than before eight (8) hours after the accident for breath
alcohol testing and thirty-two (32) hours for controlled substance
testing. An employee involved in an accident shall refrain from alcohol
consumption for eight (8) hours following the accident or until the
employee undergoes a post-accident alcohol test, whichever occurs
first. The City will document the reasons for not promptly conducting
the required tests.
3.
Any
employee who leaves the scene of an accident without appropriate authorization
prior to submission to controlled substance and alcohol testing shall
be considered to have refused the tests and the employee's employment
may be terminated for such action. This does not require the delay
of medical attention or other assistance necessary in responding to
the accident.
E.
Random Testing. Random testing shall be conducted on employees
performing safety sensitive functions. Random testing shall be unannounced
and conducted with unpredictable frequency throughout the year using
an established scientifically based selection method and provided
that no less than twenty-five percent (25%) of all safety sensitive
positions are tested for alcohol each calendar year and no less than
fifty percent (50%) of all safety sensitive positions are tested for
controlled substances each calendar year. Testing shall be conducted
whenever and as ordered by appropriate supervisory personnel, but
no less frequently than required by Federal law and regulations.
F.
Return To Duty Testing. Return to duty urine drug and/or
breath alcohol testing shall be required for an employee who has previously
tested positive for either category of substance or who admitted alcohol
or substance abuse and received treatment for such abuse. The employee
must test negative and be evaluated and released to work by a SAP.
G.
Follow-Up Testing. Follow-up testing of any employee allowed
to return to work will be required. The employee will be required
to submit to frequent unannounced random urine drug and/or breath
alcohol testing for at least six (6) times in the following twelve
(12) months after returning to work. Follow-up testing may be continued
for a period of up to sixty (60) months from the employee's return
to work date.
H.
Confirmatory Testing. Any employee who questions the results
of a required urine drug test under this policy may request that an
additional test be conducted. The test must be conducted on a split
sample that was provided at the same time as the original sample,
and the test analysis may be conducted at a different qualified laboratory
than where the original test was conducted. All costs for employee
requested testing shall be paid by the employee unless the second
(2nd) test invalidates the original test. An employee's request for
a retest must be made to the Medical Review Officer (MRO) within seventy-two
(72) hours of the notice to the employee of the initial test results.
Requests made after the seventy-two (72) hour limit will only be accepted
if the delay was due to documentable facts that were beyond the control
of the employee.
I.
Consequences Of Testing Positive. An employee testing positive
will be removed from duty immediately. The City is not required to
return employees who have tested positive or otherwise violated this
policy to a safety sensitive position or to retain them as employees.
Moreover, an employee cannot be returned to safety sensitive duties
until he or she has been evaluated by a substance abuse professional,
has complied with recommended rehabilitation, and has received a negative
result on a return to duty test.
J.
Failure To Test. Any employee who:
1.
Fails
to report immediately to the test site and/or
2.
Fails
to submit to the required testing, including all required testing
procedures and/or
3.
Fails
to provide an adequate sample of urine for controlled substance testing
or breath for alcohol testing without medical justification and/or
4.
Provides
an altered sample of urine,
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is considered to have refused to test and shall be subject to
disciplinary action up to and including termination. An employee who
states at the time of the test that he/she is physically unable to
provide an adequate urine or breath sample shall be evaluated by a
licensed physician selected by the City.
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K.
Testing Procedures And Results.
1.
Alcohol testing. Alcohol tests are conducted on evidential
breath testing devices that measure the concentration of alcohol in
breath. An initial screening test will be conducted. Any result that
is less than 0.02 alcohol concentration is considered negative. If
the alcohol concentration is 0.02 or greater, a second (2nd) confirmatory
test must be conducted. Any employee who tests with an alcohol concentration
of 0.02 or greater shall be removed from safety sensitive duties for
at least twenty-four (24) hours. If the alcohol concentration is 0.04
or greater, the test is considered positive.
2.
Controlled substance testing.
a.
Controlled
substance testing is conducted for the controlled substances as defined
in this policy. Individuals tested under this policy must provide
a urine specimen that will be tested at a reputable laboratory. Urine
specimens will be collected, and chain of custody methods will be
followed, to assure that the security, integrity and identification
of each specimen is protected. The actual testing for controlled substances
is a two (2) stage process. An initial screening test is conducted.
If the screening test is positive for one (1) or more of the controlled
substances, a confirmatory test is conducted for each identified controlled
substance. The confirmatory test is a gas chromatography/mass spectrometry
(GS/MS) analysis.
b.
Any
employee who tests positive on the confirmatory test shall be interviewed
by the City's Medical Review Officer (MRO). The MRO will attempt to
determine if there is an alternative medical explanation for the test
result. The employee will be notified of the results, whether positive
or negative. As discussed above, an employee may request a confirmation
test of a positive result.
3.
Results. Any employee who is found to have engaged in prohibited
alcohol or controlled substance abuse conduct under this policy shall
be immediately removed from work related activity and the employee
shall not be permitted to resume work, if at all, until the employee
is
[Ord. No. 96-11 §116.080, 2-21-1996]
Assessment by a SAP does not protect an employee from disciplinary
action or guarantee continued employment or reinstatement by the City.
An employee violating this policy or other applicable drug and alcohol
rules may be subject to disciplinary action up to and including termination,
and further, an employee who is engaging in an illegal activity shall
be subject to prosecution under applicable criminal law.
[Ord. No. 96-11 §116.090, 2-21-1996]
A.
Any employee
who voluntarily presents himself/herself to appropriate
City officials for the treatment and/or rehabilitation for a controlled
substance or alcohol related problem prior to investigation or detection
of the employee shall be permitted to retain their employment with
the City and seek rehabilitation under a rehabilitation contract with
the City. Any employee who does not voluntarily come forward with
a problem before testing positive or otherwise violating this policy
will be subject to discipline up to and including discharge. Nonetheless,
if such an employee is determined to be in need of assistance for
a controlled substance or alcohol related problem under this policy
by the SAP, he or she may be reinstated, at the City's discretion,
after completion of a rehabilitation plan acceptable to the City,
provided the employee agrees to adhere to the terms of the rehabilitation
contract with the City. Failure to complete the rehabilitation assistance
plan or to adhere to the rehabilitation contract shall be considered
a resignation by the employee from employment with the City.
B.
Rehabilitation Contract. If the City decides to permit reinstatement
after rehabilitation, it will require the employee to sign a rehabilitation
contract. The rehabilitation contract shall include the following
terms and conditions to be adhered to by the employee who is granted
rehabilitation assistance:
1.
The
employee shall agree to undertake and successfully complete the rehabilitation
assistance plan established for the employee by the SAP or by a rehabilitation
professional accepted by the City; and
2.
The
employee agrees to refrain from any violation of this policy and the
use of controlled substances and alcohol consistent with the plan
of rehabilitation and this policy; and
3.
The
employees provides a release of all medical records for use and review
by the City relating to the rehabilitation assistance plan for the
assistance undertaken and compliance; and
4.
The
employee agrees to unannounced random testing for City determined
periods of time subsequent to the employee's return to work consistent
with this policy; and
5.
The
employee agrees to submit to return to work testing demonstrating
that the employee is negative under controlled substance and/or alcohol
tests standards; and
6.
The
employee agrees that any future controlled substance or alcohol violations
shall be considered as a resignation of the employee from City service
without recourse.
[Ord. No. 96-11 §116.100, 2-21-1996]
A.
The City
shall provide all employees with a copy of this policy and shall display
and distribute materials related to the effects of the use and/or
abuse of alcohol and controlled substances. The City shall also provide
information to employees regarding available treatment and rehabilitation.
B.
All supervisors
and managers who are responsible for the administration and enforcement
of this policy shall receive at a minimum sixty (60) minutes of training
for each topic (alcohol and substance abuse) on the physical and behavioral
effects on personal health, safety and on the work environment and
performance indicators on the effects of alcohol and controlled substance
use and abuse, the side effects of abuse, and the consequences of
prohibited work-related activity involving alcohol and controlled
substance consumption. The training shall include an overview of this
policy and its implementation and application to employees. Training
shall also include a component related to objective observation for
reasonable suspicion testing, documentation and record keeping.
[Ord. No. 96-11 §116.110, 2-21-1996]
Except as provided by applicable Federal regulations regarding
disclosure of records, all records developed and/or acquired pursuant
to this policy shall be maintained under strict confidentiality by
the City, the testing laboratory, the MRO and the SAP, when and as
applicable. Employee alcohol and drug testing results and records
are maintained for up to five (5) years. These records may be released
only to others with the written consent of the employee, to the Department
of Transportation or State agencies, or to a decision-maker in legal
proceedings involving the testing. Employees may request in writing
copies of any records pertaining to their use of alcohol or drugs
or testing results. Applicants may request the results of pre-employment
tests within sixty (60) days of learning the disposition of the employment
application.
