Anchorage Municipal Code section 11.10.085 requires the transportation commission to establish and approve reasonable cause, post accident and post citation drug and alcohol testing for chauffeurs of taxicabs, limousines and vehicles for hire. These regulations will set forth the process for the drug and alcohol testing.
(AR No. 95-197, § 1, 9-12-1995; AR No. 2014-138, § 4, 5-20-2014)
"DHHS"
means the U.S. Federal Department of Health and Human Services.
"Medical review officer"
means a licensed physician with a background in substance abuse as established by NIDA protocol.
"Negative test result"
means the absence of drugs in the urine, or alcohol in saliva or breath of a chauffeur, based on levels defined by NIDA as confirmed by DHHS certified laboratory. Negative test results will be considered successful completion of a substance misuse test.
"NIDA"
means the U.S. Federal National Institute of Drug Administration.
"Positive test result"
means identification of:
1. 
Drug(s) in the urine based on levels defined by NIDA as confirmed by a DHHA certified laboratory and a medical review officer;
2. 
Identification of alcohol in the saliva based on levels defined in Anchorage Municipal Code section 9.28.020 as confirmed by a Quantitative Enzyme Diagnostic (QED) saliva alcohol test administered by trained and certified municipal personnel or contractor. If an individual has a positive QED result, identification of alcohol in the breath will be confirmed by an intoximeter breath alcohol testing instrument administered by trained and certified municipal personnel, contractor or law enforcement personnel. Identification of alcohol in the breath is based on levels defined in Anchorage Municipal Code section 9.28.020.
"Pre-licensing test"
means a substance misuse/alcohol test which is required to be completed by an applicant for a chauffeur's license.
"Prohibited drug"
means the following substances:
1. 
Marijuana/Cannabis.
2. 
Cocaine.
3. 
Opiate.
4. 
Phencyclidine (PCP).
5. 
Amphetamines.
(AR No. 95-197, § 1, 9-12-1995; AO No. 2020-24, § 1, 3-10-2020)
A. 
The transportation commission shall use the following tests to implement Anchorage Municipal Code section 11.10.085:
1. 
Reasonable cause. This test applies when two members of the transportation inspection staff, commission or law enforcement officer trained in the detection of probable drug or alcohol use directly observes a chauffeur whose conduct or appearance is indicative of the use of a controlled substance or alcohol, if feasible. If it is not feasible, only one member of the transportation inspection staff, commission or law enforcement officer must directly observe the conduct in question.
2. 
Post-accident/post-citation. The chauffeur who is involved in a reputable accident or receives a citation for a moving traffic violation arising from the accident must be tested for drug use and/or alcohol as soon as possible following that accident, but in no case later than eight hours after the accident.
(AR No. 95-197, § 1, 9-12-1995; AR No. 2014-138, § 5, 5-20-2014; AO No. 2018-81, § 1, 10-23-2018)
A. 
The transportation inspector shall require a chauffeur to be tested, upon reasonable cause, for the use of controlled substances and/or alcohol.
B. 
A driver shall submit to testing, upon reasonable cause, for the use of controlled substances and/or alcohol when requested to do so by the transportation inspector.
C. 
The conduct must be witnessed by at least two members of the transportation commission, transportation commission staff or law enforcement officers, if feasible. If not feasible, only one of the identified individuals need to witness the conduct. The witness or witnesses must have received training in identifying the appearance or conduct of a chauffeur which would indicate the use of a controlled substance or alcohol.
D. 
The documentation of the chauffeur's conduct shall be prepared and signed by the witness or witnesses within 24 hours of the observed behavior or before the results of the test are released, whichever is sooner.
(AR No. 95-197, § 1, 9-12-1995)
A. 
A chauffeur shall provide a urine sample to be tested for the use of controlled substances as soon as possible, but not later than eight hours, and no later than two hours after being notified to submit to a test, after a reportable accident. If requested, the chauffeur shall submit to an alcohol test in addition or, in the alternative, to a controlled substances test.
B. 
A chauffeur who is seriously injured and cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there were any controlled substances and/or alcohol in his or her system.
C. 
A reportable accident is one in which there is a passenger in the vehicle, a chauffeur receives a citation for a moving violation arising from the accident, a fatality occurs, an individual injured in the accident receives medical treatment away from the accident scene, or if there is damage to property or vehicle.
(AR No. 95-197, § 1, 9-12-1995; AO No. 2016-74, § 1, 7-26-2016)
A. 
Testing will take the form of analysis of urine specimens, breath samples or saliva samples provided by chauffeurs. Urine samples will be analyzed with an immunoassay screening test. Positive test results from an immunoassay must be confirmed by chromatography-spectroscopy (GC-MS) test. The presence of alcohol may be determined by urinalysis, a breath alcohol testing instrument, or by a saliva test confirmed by breath alcohol testing instrument. Positive test results for breath and saliva alcohol level will be based on Anchorage Municipal Code section 9.28.020. Positive test results for urinalysis will be based on a detectible amount of alcohol.
B. 
Alcohol testing.
1. 
Saliva/breath:
a. 
Alcohol level saliva/breath testing may be performed by a member of the transportation inspection staff, law enforcement officer or designated municipal contractors who have been instructed in the proper use of the alcohol testing instrument.
b. 
Alcohol level saliva/breath testing will be based upon reasonable cause or as a result of post accident/post citation.
c. 
A chauffeur will be allowed to choose between a saliva or breath test. However, if the saliva test has positive results, an alcohol breath test will be administered no later than one hour after the positive test results. If the saliva test has a negative result, an alcohol breath test will not be completed.
2. 
Urinalysis. Initial and confirmatory testing of collected samples will be performed by the designated municipal testing service.
(AR No. 95-197, § 1, 9-12-1995)
A. 
Collection of urine specimens from chauffeurs will occur at designated collection sites. Collection will be scheduled by the transportation inspection agency and performed by the collection site representative of the contractor for the municipality for these purposes.
B. 
Initial and confirmatory testing of collected samples will be performed by the designated municipal testing service.
(AR No. 95-197, § 1, 9-12-1995)
A. 
Collection site personnel shall:
1. 
Maintain and follow a written detailed procedure and protocol for collecting and transporting urine specimens, security of collection site, and make the procedures available upon request.
2. 
Stock all necessary forms.
3. 
Verify that the chauffeur appeared for the test, presented positive identification in the form of a current valid photo identification or driver's license and provided a urine sample.
4. 
Ensure that unnecessary outer garments such as coats, and contents of pockets, purses, briefcases, etc., are not taken into the restroom with a toilet.
5. 
Ensure that dignity, privacy and confidentiality exist in the collection process by providing a private restroom with a toilet for unobserved collection. Where practicable, the private restroom may not have any other running water devices such as sinks or showers in the room.
6. 
Verify specimen integrity by examining:
a. 
Sufficient volume.
b. 
Temperature.
c. 
Unusual color or sediment.
7. 
Note when a chauffeur fails to appear when scheduled for the test, fails to provide a urine specimen, or behaves inappropriately (e.g., tampering with a specimen/sample) and notify the transportation inspection agency.
8. 
Ensure that the chauffeur seals and labels specimen in the presence of collection agency personnel. With the exception of the time the chauffeur is providing a sample, the urine specimen bottle must be in view of collection agency personnel at all times.
9. 
Ensure each label contains the following information:
a. 
Specimen identification number.
b. 
Date and time of collection.
c. 
Chauffeur's initials.
d. 
Any other identifying information provided or required by the transportation commission.
10. 
Allow chauffeurs to review information contained in subsection A.9 of this section.
11. 
Record specimen collection information on the custody and control form.
12. 
Ensure collection site personnel and chauffeurs sign appropriate certification statements regarding the authenticity of specimen, integrity of collection process and any medications taken in the past 30 days.
13. 
Complete the chain of custody portion of urine custody and control form to indicate receipt from the chauffeur.
14. 
Secure the urine specimen in a protected location until picked up, delivered, or mailed to the testing laboratory.
15. 
Prepare sealed specimen for shipment, delivery, and mail to testing laboratory.
(AR No. 95-197, § 1, 9-12-1995)
A. 
Testing laboratory personnel shall:
1. 
Establish, maintain and follow a detailed written protocol for laboratory analysis, quality control, security of samples, and chain of custody for urine specimens and make same available upon request.
2. 
Ensure the analysis, screening levels, and confirmation cutoffs used in the drug testing panel are consistent with NIDA standards. Conformation cutoffs are levels to be used when screening specimens to determine whether they are negative for any controlled substances as specified in 49 CFR 40.29(e).
3. 
Upon receipt of specimen verify the following:
a. 
ID on bottle and chain of custody form match.
b. 
Sufficient urine volume.
c. 
Tamper proof seal is intact.
4. 
Make batches that include specimens and quality control samples.
5. 
Perform initial test. If quality control is not acceptable the laboratory will evaluate data, implement corrective action and repeat required procedures.
6. 
If quality control is acceptable and the sample is negative, complete report form and report result to transportation inspection agency.
7. 
If quality control is acceptable and the sample is positive, make batches that include specimens and quality control samples.
8. 
Confirm positive initial test results with Gas Chromatography - Mass Spectroscopy (GC-MS) test and quality control samples.
9. 
Complete report form with positive result if Gas Chromatography - Mass Spectroscopy (GC-MS) test is positive or with negative result if Gas Chromatography - Mass Spectroscopy (GC-MS) test is negative. Report test results to the medical review officer.
10. 
Perform final data review.
11. 
Report positive results to medical review officer within an average of five working days after receipt of specimen in laboratory using electronic means in a manner designed to ensure confidentiality. Results may not be provided verbally on the telephone.
12. 
Store samples for a minimum of two years and keep records on these samples.
13. 
Should there be a problem with any of the above, the chain of custody form will not be completed and the transportation inspection agency notified that no analysis of the test is possible. The transportation inspector will arrange for another test or take other appropriate action.
(AR No. 95-197, § 1, 9-12-1995)
A. 
The medical review officer shall:
1. 
Review positive test results to verify and validate accuracy to include:
a. 
Receiving and interpreting the results of positive tests from the laboratory.
b. 
Verifying that the laboratory report and assessment of a positive result are reasonable.
c. 
Determining whether an individual passes the substance misuse test.
d. 
Reporting each test that does not pass to the designated transportation inspection agency.
e. 
Request a re-analysis of the original sample if after a review of the results and reports determines that the result is scientifically insufficient.
2. 
When confirmed positive tests are reported from the laboratory, it is the responsibility of the medical review officer to:
a. 
Review the individual's medical history, including any medical records and biomedical information provided by the chauffeur.
b. 
Contact the individual to discuss the test results directly with the medical review officer prior to a final decision verifying a positive test.
c. 
Determine whether there is a legitimate medical explanation for the result, including legally prescribed medication.
d. 
Only convey test results to the designated transportation inspection agency representative when a definite decision has been made regarding the test result.
e. 
Convey positive test results to the chauffeur and identify the controlled substance.
f. 
Report negative test results to the chauffeur through established procedures.
g. 
Ensure that all records and positive results of drug testing shall be maintained for five years and negative results for 12 months.
3. 
The medical review officer may verify a test as positive without communicating directly with the chauffeur if:
a. 
The chauffeur declines the opportunity to discuss the tests; or
b. 
The transportation inspection staff representative who has been designated by the medical review officer has documented its contact with the chauffeur and instruction to contact the medical review officer and more than five working days has passed. In the event the chauffeur can document a circumstance which unavoidably prevented him or her from contracting the medical review officer, the medical review officer may elect to reopen verification.
(AR No. 95-197, § 1, 9-12-1995; AR No. 2014-138, § 7, 5-20-2014; AO No. 2020-24, § 1, 3-10-2020)
A. 
Retesting may occur when a chauffeur tests positive and/or a specimen is believed to have been adulterated by the chauffeur. Whenever request for retesting is made, the following conditions apply:
1. 
The retest will be done in a portion (aliquot) of the original specimen.
2. 
Any retests requested by the chauffeur may be performed by either the municipal testing and collection service or by any other NIDA certified laboratory of the chauffeur's choice.
3. 
The full cost of any retest and responsibility to enter retest requested by chauffeur will be paid by the individual requesting the retest. A retest shall be conducted under the procedures contained in sections R11.20.011 and R11.20.012 of these regulations as required for all tests.
4. 
Any retest requested by the municipality will be performed by the testing and collection services which contracts with the municipality for the urinalysis services and will be paid by the municipality.
(AR No. 95-197, § 1, 9-12-1995)
A. 
Strict standards of confidentiality using the "need to know" principle will be observed in achieving compliance with this procedure unless the chauffeur has taken one or both of the following actions:
1. 
Granted written permission for disclosure to other persons.
2. 
Filed an appeal of any action based on the test results.
3. 
These standards include the handling of the following documents and information as confidential:
a. 
Drug testing custody and control forms.
b. 
Alcohol/drug test referral.
c. 
Positive test results except as provided in section R11.20.014A(1) and (2) of these regulations.
4. 
The only individuals authorized to have knowledge of and, when it is appropriate, access to any information concerning a chauffeur's involvement in the program for testing for use of drugs and/or alcohol:
a. 
Transportation commission.
b. 
Transportation inspection staff members.
c. 
Person who has been tested.
d. 
Attorney designated by a person who has been tested.
e. 
Chief medical officer.
f. 
Medical review officer and testing lab personnel.
5. 
The detailed laboratory analysis of a urine sample may be released by the medical review officer upon request of the chauffeur.
(AR No. 95-197, § 1, 9-12-1995; AO No. 2023-111(S), § 6, 11-7-2023)
A chauffeur's license will be suspended or revoked upon failing a reasonable cause, or post accident/post-citation drug or alcohol test for a period of not less than six months for a first offense and until such time as the chauffeur shall submit evidence of successful completion of a drug or alcohol abuse treatment program. For a second or subsequent offense, the chauffeur's license shall be revoked for a period of not less than two years.
(AR No. 95-197, § 1, 9-12-1995; AR No. 2014-138, § 8, 5-20-2014; AO No. 2018-81, § 3, 10-23-2018)
A chauffeur's license will be suspended or revoked upon failing to submit to a reasonable cause, or post accident/post-citation drug or alcohol test for a period of not less than six months for a first offense and until such time as the chauffeur shall submit evidence of successful completion of a drug or alcohol abuse treatment program. For a second or subsequent offense, the chauffeur's license shall be revoked for a period of not less than two years.
(AR No. 95-197, § 1, 9-12-1995; AR No. 2014-138, § 9, 5-20-2014; AO No. 2018-81, § 4, 10-23-2018)
A chauffeur has the right to appeal a revocation of his chauffeur's license pursuant to sections R11.20.014 and R11.20.015 of these regulations. The appeal provisions are governed by Anchorage Municipal Code section 11.10.110.
(AR No. 95-197, § 1, 9-12-1995)