[HISTORY: Adopted by the Council of the City of New Rochelle: Art. I, 1-16-1996 by Res. No. 9. Amendments noted where applicable.]
[Adopted 1-16-1996 by Res. No. 9]
The U.S. Department of Transportation (the "DOT") has issued regulations (49 CFR Parts 40, 382, 391, 392 and 395) (the "Regulations") pursuant to the Omnibus Transportation Employee Testing Act of 1991 (P.L. 102-143) (the "Omnibus Act") which govern the use of drugs and alcohol by commercial motor vehicle drivers, and which also require the City of New Rochelle (the "City") to conduct mandatory drug and alcohol testing of covered drivers. The Regulations require testing to begin on January 1, 1996.
It is the City's intention to comply fully with the Omnibus Act and DOT's regulations governing drug and alcohol use and testing, and the requirements of the DOT's regulations are hereby incorporated into this policy. In the event DOT's regulations are amended, this policy and the applicable term(s), condition(s) and/or requirement(s) of this policy shall be deemed to have been amended automatically at that time, without the need for redrafting, in order to reflect and be consistent with DOT's regulations. In such case, the City reserves the right to apply the amended requirements immediately, and without giving prior notice to drivers and/or applicants, unless such notice is required by DOT or another applicable law.
The City Manager shall promulgate administrative regulations to implement this policy and comply with the Omnibus Act, the Regulations and other applicable laws and collective bargaining agreements.
The City Manager or her or his designee shall also develop drug and alcohol testing educational material that complies with 49 CFR Part 382, Subpart F, for distribution to covered employees as required by the Regulations.
The City Manager or her or his designee shall provide written notice to the appropriate union of the adoption of this policy and of any administrative regulations hereunder, and of the availability of the educational materials required by the DOT.
The Medical Review Officer for the City shall be National MRO, Inc.
The City Manager or her or his designee shall arrange for training of all supervisors who may be called upon to determine whether reasonable suspicion exists to test a driver for alcohol misuse or controlled substance use.
Any violation of this policy, the City's Administrative Regulation, the drug and alcohol testing educational material, the Omnibus Act or DOT Regulations by a covered employee shall be grounds for disciplinary action, up to and including discharge, in a manner consistent with the City's preexisting policies, practices and any applicable collective bargain agreement.
The City Manager shall also provide for an informal administrative appeal process whereby a covered employee may appeal a positive alcohol test and/or controlled substance test. Said process shall not interfere with DOT-mandated actions (e.g., removal from safety-sensitive functions).