[1]
Cross References — The following reference materials may be consulted for guidance in administering this policy: 1) Omnibus Transportation Employee Testing Act of 1991; 2) 49CFR 40 (Testing Procedures); 3) 49CFR 382 (Testing of CDL drivers).
[CC 1976 §2-67; Ord. No. 96-20 §1, 1-23-1996]
A. 
It is the policy of the City of Overland 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 of Overland to ensure that its employees are not impaired in their ability to perform assigned duties; 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 substances dependency, adversely affect their ability to perform assigned duties.
[CC 1976 §2-68; Ord. No. 96-20 §1, 1-23-1996]
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.
[CC 1976 §2-69; Ord. No. 96-20 §1, 1-23-1996]
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.
[CC 1976 §2-70; Ord. No. 96-20 §1, 1-23-1996; Ord. No. 2013-12 §1, 2-25-2013]
As used in this Article, the following words shall have the meanings ascribed to them in this Section.
ACCIDENT
Any act which may result in the loss of time at work for the employee(s), require medical treatment, including the administration of first aid of the employee(s) or any other person(s) involved in the accident, and/or results in the damage of any public or private property.
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol.
ALCOHOL CONCENTRATION
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.
ALCOHOL USE
The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
COMMERCIAL DRIVERS LICENSE (CDL)
A license issued pursuant to State law which authorizes an individual to operate a commercial motor vehicle.
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:
1. 
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,
2. 
Has a gross vehicle weight rating of twenty-six thousand and one (26,001) or more pounds;
3. 
Is designed to transport sixteen (16) or more passengers, including the driver; or
4. 
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.
CONFIRMATION TEST
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).
CONTROLLED SUBSTANCE
For the purposes of this policy means 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).
MEDICAL REVIEW OFFICER (MRO)
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/her medical history and any other relevant biomedical information.
SAFETY SENSITIVE FUNCTION
All time that a commercial motor vehicle driver is performing, ready to perform, or immediately available to perform the following tasks:
1. 
Waiting to be dispatched, unless the driver has been relieved from duty;
2. 
Inspecting, servicing, or conditioning any commercial motor vehicle at any time;
3. 
Driving time;
4. 
Remaining in or upon any commercial motor vehicle, while not driving, except time spent resting in a sleeper berth;
5. 
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;
6. 
Performing the driver requirements relating to accidents; and/or
7. 
Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
SCREENING TEST (INITIAL TEST)
The initial drug or alcohol test to determine whether an employee has controlled substances or prohibited concentration of alcohol in their system. Screening tests 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.
SUBSTANCE ABUSE PROFESSIONAL (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 and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
[CC 1976 §2-71; Ord. No. 96-20 §1, 1-23-1996]
A. 
The Mayor or his/her 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. The 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.
[CC 1976 §2-72; Ord. No. 96-20 §1, 1-23-1996]
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 of consuming alcohol; and/or
4. 
After refusing to submit to an alcohol test.
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.
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 who 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 a disciplinary action up to and including termination.
[CC 1976 §2-73; Ord. No. 96-20 §1, 1-23-1996; Ord. No. 2013-12 §§2 — 3, 2-25-2013]
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 for a period of at least one hundred twenty (120) days. A negative controlled substance and alcohol test shall be required prior to further consideration for any employment. An applicant who tests positive will not qualify for rehabilitation services through the City.
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 with 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 reasons for not promptly conducting the required tests.
D. 
Post Accident Testing.
1. 
The City shall require testing for any employee(s) involved in an accident while on duty.
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. 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 Work 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 return 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 result. 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/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;
2. 
Fails to submit to the required testing, including all required testing procedures;
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 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.
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:
a. 
Evaluated by a SAP,
b. 
Complies with the rehabilitation contract if such is required, and
c. 
Has tested negative in a return to duty test.
[CC 1976 §2-74; Ord. No. 96-20 §1, 1-23-1996]
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.
[CC 1976 §2-75; Ord. No. 96-20 §1, 1-23-1996]
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/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.
[CC 1976 §2-76; Ord. No. 96-20 §1, 1-23-1996]
A. 
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;
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;
3. 
The employee 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;
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;
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.
[CC 1976 §2-77; Ord. No. 96-20 §1, 1-23-1996]
A. 
The City shall provide all employees with a copy of this policy and shall 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 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.
[CC 1976 §2-77.1; Ord. No. 96-20 §1, 1-23-1996]
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.